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1 If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.

2 And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number.

3 Forty stripes he may give him, and not exceed: lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee.

4 Thou shalt not muzzle the ox when he treadeth out the corn.

5 If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her.

6 And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel.

7 And if the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the elders, and say, My husband's brother refuseth to raise up unto his brother a name in Israel, he will not perform the duty of my husband's brother.

8 Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her;

9 Then shall his brother's wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that man that will not build up his brother's house.

10 And his name shall be called in Israel, The house of him that hath his shoe loosed.

11 When men strive together one with another, and the wife of the one draweth near for to deliver her husband out of the hand of him that smiteth him, and putteth forth her hand, and taketh him by the secrets:

12 Then thou shalt cut off her hand, thine eye shall not pity her.

13 Thou shalt not have in thy bag divers weights, a great and a small.

14 Thou shalt not have in thine house divers measures, a great and a small.

15 But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the Lord thy God giveth thee.

16 For all that do such things, and all that do unrighteously, are an abomination unto the Lord thy God.

17 Remember what Amalek did unto thee by the way, when ye were come forth out of Egypt;

18 How he met thee by the way, and smote the hindmost of thee, even all that were feeble behind thee, when thou wast faint and weary; and he feared not God.

19 Therefore it shall be, when the Lord thy God hath given thee rest from all thine enemies round about, in the land which the Lord thy God giveth thee for an inheritance to possess it, that thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget it.

h.כי יהיה ריב IF THERE BE A QUARREL [BETWEEN MEN] they will in the end have to approach the judges (because of a bodily injury inflicted by one on the other, since Scripture goes on to state, “and if the wicked man be worthy of lashes”, a punishment that can only follow, in the case of a quarrel, upon one of the parties receiving a blow). You must thus come to the conclusion that nothing good can come out of a quarrel. Just think: what was it that caused Lot to leave the righteous man (Abraham)? You must admit it was a mere quarrel (cf. Genesis 13:7—11; Sifrei Devarim 286:1).

h.והרשיעו את הרשע THEY SHALL CONDEMN THE WICKED — One might think that all who are found guilty in a law-suit are punished with lashes; Scripture, however, goes on to state, והיה אם בן הכות הרשע AND IT SHALL BE, IF THE WICKED MAN BE WORTHY TO BE BEATEN, [… THAT THE JUDGE SHALL SMITE HIM] — “if”: you learn, therefore, that sometimes he receives lashes and sometimes he does not receive lashes. Who it is that may be punished with lashes can be learnt from the context: (v. 4) “Thou shalt not muzzle the ox when he treadeth out the corn” — which is לאו שלא נתק לעשה a prohibition which is not attached to a positive command (cf. Sifrei Devarim 286:4; Makkot 13b).

h.והפילו השפט AND THE JUDGE SHALL CAUSE HIM TO FALL DOWN — This teaches that one is not lashed whilst standing or sitting but only when bending (Makkot 22b).

h.לפניו כדי רשעתו [AND THE JUDGE SHALL … SMITE HIM] IN FRONT ACCORDING TO HIS WICKEDNESS (כדי רשעתו may mean “as much as is sufficient for his wickedness”, i.e., for one part of his wickedness, רשעתו being singular) — in front (on his chest) corresponding to one part of his wickedness, and on his back corresponding to two parts: hence they (the Rabbis) derived that one must give him (anyone sentenced to lashes) two-thirds on his back and one third on his chest (Sifrei Devarim 286:6; Makkot 22b, 23a).

h.בְּמספר BY A NUMBER — but it (the word) is not punctuated בַּמספר by the number; this shows that it is connected with the following word, to read בְּמִסְפַּר ארבעים [“he shall smite him”] … by the number of forty, (i.e. by the number leading to forty), not, however, a full forty, but a number that leads up to the full total of forty, i.e., forty less one (Makkot 22a).

h.לא יסיף HE SHALL NOT EXCEED — From here is derived the prohibition referring to one who strikes his fellow man (Sanhedrin 86b; cf. Ketubot 33a).

h.ונקלה אחיך WHEN THY BROTHER SHOULD SEEM VILE [UNTO THEE] — All the time it has been calling him “wicked” (vv. 1 and 2), but as soon as he has received the lashes it calls him “thy brother”! (Sifrei Devarim 286:14).

h.לא תחסם שור THOU SHALT NOT MUZZLE THE OX [WHEN HE TREADETH OUT THE CORN] — Scripture is speaking of what usually occurs, but the same law applies to any cattle, non-domesticated beast and fowl that are doing some work that is connected with food. But if so why does it (Scripture) state “ox”? To exclude a human being from being subject to this law! (i.e. that if he restrains a workman from eating whilst engaged on some operation connected with food, the master is exempt from flagellation usually inflicted on one who transgresses a negative commandment) (Bava Metzia 88b).

h.בדישו WHEN HE TREADETH OUT THE CORN — One might think that one might muzzle it previous to that (lit., outside, i.e., before it starts working)! Scripture, however, states, “thou shalt not muzzle an ox” — which implies thou shalt not muzzle it under any circumstances (Bava Metzia 90b). Then why is threshing mentioned?. In order to tell you the following: What is threshing? Its characteristic is that it is done on a thing the work on which is not yet complete to make it liable to tithing and the giving of Challah, and which grows from the ground. So, too, this prohibition applies only to all operations which have similar characteristics: Thus there are excluded from the prohibition “not to muzzle” (i.e. you may restrain from eating) workmen who are engaged in milking, in cheese-making, or in pressing the moisture out of thick milk, all of which operations are done on things which do not grow from the ground; there are excluded, also, the workmen who are engaged in kneading, or in breaking the dough up into pieces for baking, for the work on it is then completed so that it becomes liable to Challah. There are also excluded the workmen engaged in separating dates and figs from the mass, for the work on them is then completed so that they become liable to tithing (Bava Metzia 89a).

h.כי ישבו אחים יחדו IF BRETHREN ABIDE TOGETHER, [AND ONE OF THEM DIE … THE WIFE OF THE DEAD SHALL NOT MARRY ABROAD] — This does not mean that they abide in one city but that they have one “abiding” in the world (that they were living at the same time) thus excluding from the operation of this law the wife of one’s brother who never was in his “world” (i.e. a woman may not marry her brother-in-law who was born after her husband’s death) (Sifrei Devarim 288:2; Yevamot 17b).

h.יחדו TOGETHER — means reciprocally associated (מיוחדים) in the law of inheritance (i.e. that they become the heirs of one another), thus excluding from the duty of יבום the brother on the mother’s side (Sifrei Devarim 288:2).

h.ובן אין לו AND HE HAS NO SON — The last two words suggest עין עליו, investigate about him whether he has descendants of any kind — a son, or a daughter, or a son’s son or a son’s daughter, or a daughter’s son or daughter’s daughter (cf. Yevamot 22b).

h.והיה הבכור AND IT SHALL BE THE FIRSTBORN … — It is the eldest brother who is to perform the duty of levirate marriage (Sifrei Devarim 289:1; Yevamot 24a).

h.אשר תלד WHOM SHE WILL BEAR — This excludes from the operation of this law a sterile woman, since she cannot bear children (Sifrei Devarim 289:2).

h.יקום על שם אחיו HE SHALL SUCCEED IN THE NAME OF HIS BROTHER — he who has married his (the deceased brother’s) wife shall receive the portion of the dead brother in his father’s property (Sifrei Devarim 289:3).

h.ולא ימחה שמו THAT HIS NAME BE NOT WIPED OUT [OF ISRAEL] — thus excluding from the levirate marriage the wife of a castrate, whose name is anyhow wiped out (Sifrei Devarim 289:5; Yevamot 24a).

h.השערה — Translate this as the Targum does: to the gate of the court.

h.ועמד AND HE SHALL STAND [AND SAY] — He must say this standing (Sifrei Devarim 290:3).

h.יאמר AND HE SHALL SAY — in the Holy Language. She, too, has to make her statements in the Holy Language (Yevamot 106b; cf. Sifrei Devarim 291:6).

h.וירקה בפניו THEN SHE SHALL SPIT BEFORE HIS FACE — on the ground (not in his face) (Yevamot 106b).

h.אשר לא יבנה [SO SHALL IT BE DONE UNTO THAT MAN] THAT WILL NOT BUILD UP [HIS BROTHER’S HOUSE] — from here the Rabbis derived the law that one who has once given his deceased brothers wife חליצה shall not afterwards marry her, for it does not state “[Thus shall it be done to the man] who hath not built up his brother’s house”, but אשר לא יבנה: “[Thus shall be done to the man] that he shall never build up” — because he has not built up, he shall never after build it up (Yevamot 10b; cf. Sifrei Devarim 291:8).

h.תקרא שמו וגו׳ AND HIS NAME SHALL BE CALLED [IN ISRAEL “THE HOUSE OF HIM THAT HATH HIS SHOE LOOSED”] — It is a duty of all those standing there to exclaim: חלוץ הנעל “O, you who have had your shoe drawn off!” (Sifrei Devarim 291:10; Yevamot 106b).

h.כי ינצו אנשים WHEN MEN STRIVE TOGETHER, they will in the end come to blows, as it goes on to state “[and the wife approacheth to deliver her husband]” out of the hand of him who smiteth him: No good can come out of a quarrel (Sifrei Devarim 292:1; cf. Rashi on v. 1).

h.וקצת את כפה THEN THOU SHALT HEW OFF HER HAND — i.e., she must pay money that is the equivalent of the shame to which he has been put (Bava Kamma 28a), all according to the social position of the person who put him to shame and of him who was shamed (Bava Kamma 83b). But perhaps this is not the meaning, but that you should cut off her hand, literally?! It states, however, here לא תחוס, “thine eye shall not pity her” and it states there (Deuteronomy 19:21) in the laws concerning the plotting witnesses “thou shalt not pity them”; now, what is the case there? It is monetary compensation (see Rashi on that passage)! So, too, monetary compensation is here intended (Sifrei Devarim 293:2).

h.אבן ואבן [THOU SHALT NOT HAVE IN THY BAG] DIVERSE STONES — i.e., weights.

h.גדולה וקטנה A GREAT AND A SMALL — i.e. thou shalt not have a large one that contradicts the small one, — that one must not buy (lit., take) goods by the larger and sell (lit., give it back) by the smaller (Sifrei Devarim 294:1).

h.לא יהיה לך THOU SHALT NOT HAVE — This suggests: if YOU do so (if you have false weights), לא יהיה לך you will have nothing (you will become impoverished, being deprived of your property, as you have deprived others of theirs) (cf. Sifrei Devarim 294:3).

h.אבן שלמה וצדק יהיה לך THOU SHALT HAVE A PERFECT AND JUST WEIGHT — This again suggests: if you will do this, (using just weights and measures), you will have (יהיה לך) much (cf. Sifrei Devarim 294:3).

h.זכור את אשר עשה לך REMEMBER WHAT [AMALEK] DID UNTO THEE — If you use false weights and measures then you must apprehend the provocation of the enemy, as it states (Proverbs 11:1): “A false balance is an abomination to the Lord, etc.”, and there is written immediately after this (v. 2): “If intentional sin comes, shame comes”(Midrash Tanchuma, Ki Teitzei 8).

h.אשר קרך בדרך HOW HE MET THEE BY THE WAY — The word קרך is connected in meaning with מקרה “a sudden happening”, i.e., he came against thee by surprise. Another explanation is: it is connected in meaning with the term קרי, nocturnal pollution and uncleanness, because he polluted them by pederasty. Yet another explanation is that it is connected in meaning with the expression קור in the phrase קור וחום “cold and heat” and it means: he made you cold and lukewarm after the boiling heat you had before. For all the nations were afraid to war against you and this one came and began to point out the way to others. A parable! It may be compared to a boiling hot bath into which no living creature could descend. A good-for-nothing came, and sprang down into it; although he scalded himself he made it appear cold to others (Midrash Tanchuma, Ki Teitzei 9).

h.ויזנב בך means, smiting the membrum; he cut off the membra and threw them up provocatively towards Heaven (God) (Midrash Tanchuma, Ki Teitzei 10).

h.כל הנחשלים אחריך [AND HE SMOTE THE HINDMOST OF THEE] EVEN THOSE THAT WERE FEEBLE BEHIND THEE — i.e., those who were enfeebled because of their sins and whom the clouds had expelled from the protection they afforded (Midrash Tanchuma, Ki Teitzei 10).

h.ואתה עיף ויגע AND THOU WAST FAINT AND WEARY — faint through thirst, for it is written, (Exodus 17:3) “And the people thirsted there for water” and it is written immediately afterwards (v. 8) “Then came Amalek”.

h.ויגע AND WEARY — from the journey (Midrash Tanchuma, Ki Teitzei 10).

h.ולא ירא AND HE FEARED NOT — Amalek feared not אלהים GOD so as to refrain from harming you (Sifrei Devarim 296:7).

h.תמחה את זכר עמלק THOU SHALT WIPE AWAY THE REMEMBRANCE OF AMALEK, — both man and woman, infant and suckling, ox and sheep (a quotation from I Samuel 15:3, stating how the Amalekites were to be destroyed), so that the name of Amalek should never again be mentioned even in connection with a beast, in that one could say: “This beast belonged to Amalek” (Pesikta Zutrata).